Friday, April 12, 2013

Explaining The Public Comment Period for Proposed Regulations



The Federal Register is the official daily journal of the United States Government and is the designated vehicle for letting the public know about countless notices every year of proposed rulemaking from all federal agencies. 

Last month, the TSA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register regarding the use of Advanced Imaging Technology (AIT)  as a screening method for commercial travel.  As the proposed rule explains, individuals can submit comments via the online federal rulemaking docket, Regulations.gov. This process for proposed rules and soliciting comments is used government-wide and is the first step in promulgating regulations.  TSA will review and analyze the public comments to develop a final rule related to the screening process using AIT.

As we have said before, AIT is the best technology currently available to detect non-metallic objects and devices hidden on a passenger (while also detecting metallic and other threats), and is an important part of TSA’s multi-layered security effort.

You can read and comment at the Federal eRulemaking portal  through June 24, 2013.

TSA Blog Team

 If you have a travel related issue or question that needs an immediate answer, you can contact us by clicking here.

34 comments:

Anonymous said...

Since you cleverly managed not to mention the docket number or URL, here they are:

The TSA's propsed "rule" is here:

https://www.federalregister.gov/articles/2013/03/26/2013-07023/passenger-screening-using-advanced-imaging-technology

The supporting documents and the comments submitted to date can be viewed here:

http://www.regulations.gov/#!docketDetail;D=TSA-2013-0004

And you can submit your comments here:

http://www.regulations.gov/#!submitComment;D=TSA-2013-0004-0001

If the links above get broken, got to "www.regulations.gov" and search for docket ID "TSA-2013-0004"

Anonymous said...

"As we have said before, AIT is the best technology currently available to detect non-metallic objects and devices hidden on a passenger (while also detecting metallic and other threats), and is an important part of TSA’s multi-layered security effort."

Yes, you've said that many times. You haven't proven it, nor have you allowed, until now, other voices to participate in that discussion, in defiance of the orders of various authorities. Care to explain that?

Anonymous said...

Thank you for posting this.

Anonymous said...

How long will THIS posting remain up before it, too, is pulled??

Anonymous said...

"As we have said before, AIT is the best technology currently available to detect non-metallic objects and devices hidden on a passenger (while also detecting metallic and other threats), and is an important part of TSA’s multi-layered security effort."

Is that why the TSA felt that it was so critical to violate federal laws regarding the implementation of AIT? Is that why the TSA ignored two federal court orders instructing the agency to hold a public comment period when the new AIT policies were originally rolled out a couple of years ago?

Why is the TSA touting its eventual acquiescence to well-established law as if it's some sort of magnanimous, public-friendly gesture, Bobby? The TSA is not asking for public input because it actually cares what the public thinks. If that were the case, TSA would have actually complied with the law and held the public comment period when the law required it to.

No, the TSA is asking for public input because it has become politically untenable to keep breaking the law by NOT asking for public input.


Submitted 12 April 2013 at approximately 10:30 PM central time.

Susan Richart said...

Public pressure got to you over there at headquarters, huh?

screen shot

Anonymous said...

It sickens me to see you folks complaining about this countries security screening. If it's not this it's something else .... "oh, we were not allowed to participate in this disgussion". Why don't you put some real thought into whatever bothers you and post some suggestions that could possibly be of value.. This is what I want to read - SUGGESTIONS!!
Freedom is not free, never has been free nor will it ever be free. Get that?

Anonymous said...

I haven't been to an airport in several months, so I'm guessing that all AIT machines are currently shut down until the comment period and all other phases of this procedure are finalized.

After all, these are "PROPOSED" rules, and "This process … is the FIRST STEP in promulgating regulations."

If these machines are in fact in operation currently, in violation of Federal rules, the American people expect no less than an immediate resignation from John Pistole and Janet Napolitano.

Anonymous said...

Full body scanners do not detect metallic threats inside cavities, uder folds, under fake skin or simply placed on the side of the body. It is not easier to get a gun on an airplane.

Wintermute said...

This does not explain why the previous notice was pulled.

Anonymous said...

I still want somebody to explain to me why the TSA putting my 15 year old daughter through one of these machines is not the same as the TSA producing child pornography. They are taking naked pictures of children.

Anonymous said...

Anonymous said...
Why don't you put some real thought into whatever bothers you and post some suggestions that could possibly be of value.

Been there, done that... for the first 10 years or so. Then it became obvious that the TSA wasn't listening....

Anonymous said...

Curtis, will the delete-o-meter updated to include the original version of this blog post which you disappeared?

Anonymous said...

Glad to see you finally posted something about the public comments about AIT (again, that is). Still strange the original post ws deleted so quickly and it took you several days to repost without any explanation. (Our gov't at work?)

But then you didn't provide direct links and quickly started burying this post with a loooooong blotter post.

I doubt you couldn't provide a direct link to the AIT comment section due to TSA linking policy as you have regularly posted deep links to articles singing TSA praises.

Why the heck are you guys so reluctant to inform the public about their right to comment on AIT? Fear? If you truly think AIT is the "gold standard" and that the US public loves you for "keeoing us safe," you should have prominent links all over the TSA website and this blog.

Instead, you hide this critical information the public has the right to know.

Very, very disappointing.

Anonymous said...

Since you cleverly managed not to mention the docket number or URL, here they are:

Just another in a long line of incidents that demonstrate the TSA's disdain for the American people, honesty and integrity.

SSSS for some reason said...

Anonymous said....This is what I want to read - SUGGESTIONS!!

OK, happy to oblige.

First, go back to the Walk-Through Metal Detectors. They are more efficient, more effective, and will do far more to stop dangerous items from boarding an aircraft.

Second, go back to private industry providing the security. The airlines will be able to provide the most effective levels of security based on actual risk to the aircraft and passengers. The airlines don't want their aircraft being destroyed anymore than the passengers do.

Third, fire most of the Agents of the TSA. There is no need for the TSA to be the ones providing the actual security. Just like the FAA, they can set the standards that the airports and airlines have to follow.

The above suggestions will save roughly five billion dollars a year in tax payer monies. It will actually make the airways safer by allowing the airports to provide a level of security appropriate to the risk instead of the current 'multi-layer' one-size-fits-all approach of the TSA.

And those suggestions only barely address the horrible violation of our Constitutional Rights that the TSA is, first and foremost a gross violation of Due Process of Law, or more commonly innocent until proven otherwise.

Now, you were saying about suggestions?

Quyanna said...

While most, who are purposely disengaged from current events, can apprectiate the arm chair quarterbacking of TSA, my question is where was your rapier like intellect, your beacon of hope posturing, your trembling voice of concern in October 2001 when the Senate passed (98-1) and the Congress passsed (357-66) the Patriot Act?

Anonymous said...

Air Passenger Security Fees are increasing from $2.50 per passenger/per flight in pre-2013, to an increase of $7.50 per flight by 2017. Is security supposed to get 3x better by then? In 2013 this raises $317 million in additional revenue, of which $117 million is being rolled into the TSA Discretionary budget, and $200 million is being rolled into the Govt General Fund to pay down the federal debt. Is this what we should expect, that the federal government will rediculously overcharge us in security fees so that they can pay down the federal debt??? Gov't security should not be a smokescreen to further tax the crap out of American Taxpayers.

Wintermute said...

Anonymous Quyanna said...

"While most, who are purposely disengaged from current events, can apprectiate the arm chair quarterbacking of TSA, my question is where was your rapier like intellect, your beacon of hope posturing, your trembling voice of concern in October 2001 when the Senate passed (98-1) and the Congress passsed (357-66) the Patriot Act? "

Glad you asked. I was writing my Congress-critters urging them to vote no. I was signing petitions urging the President to veto. You see, I took an oath to defend the Constitution of the United States of America, and I have been ever since I took that oath.

RB said...

If anyone has taken time to read the comments submitted by the public you will have noticed that almost all comments are opposed to TSA's use of Electronic Whole Body Strip Search machines. So will TSA accept that the use of Strip Search machines is not acceptable or will TSA ignore their bosses?

Blogger Bob, what say you?

SSSS for some reason said...

"...Quyanna said... my question is where was your rapier like intellect, your beacon of hope posturing, your trembling voice of concern in October 2001 when the Senate passed (98-1) and the Congress passsed (357-66) the Patriot Act?"

I was writing letters to my elected officials telling them I would be voting them out of office for passing such a horrible piece of legislation. And I continue to vote against the ones who are still around.

Why? Where were you?

Anonymous said...

I once thought there were a lot of people resonding to the blog. After reading the similarities in the comments, I'm beginning to think its the same person over and over again.

Anonymous said...

Bob, have you delayed approving comments for this blog post? I find it hard to believe only 22 comments have been made in the past nine days on such an important post.

Elblanco said...

Anonymous said...
Bob, have you delayed approving comments for this blog post? I find it hard to believe only 22 comments have been made in the past nine days on such an important post.

--------------

Actually it's not that important. Most people don't spend their free time posting on the tsa blog. Nor are they so bothered by airport security that they feel the need to cry on the internet about their freedom being taken away.

Anonymous said...

"Actually it's not that important. Most people don't spend their free time posting on the tsa blog. Nor are they so bothered by airport security that they feel the need to cry on the internet about their freedom being taken away."

Maybe you ought to actually read the comments at http://www.regulations.gov/#!docketDetail;D=TSA-2013-0004 before you decide to speak for others about what's important to them.

Anonymous said...

How will TSA respond to and address the comments posted at the rulemaking site?

SSSS for some reason said...

Elblanco said..."Actually it's not that important. Most people don't spend their free time posting on the tsa blog. Nor are they so bothered by airport security that they feel the need to cry on the internet about their freedom being taken away."

As of right now there are 738 comments on the proposed rule making (someone included the link above) and not a single one is in favor of the machines. Why don't we amend your statement to read "you don't think it is important" and let the rest of us decide for ourselves what we find important enough to comment on.

Elblanco said...

As of right now there are 738 comments on the proposed rule making (someone included the link above) and not a single one is in favor of the machines. Why don't we amend your statement to read "you don't think it is important" and let the rest of us decide for ourselves what we find important enough to comment on.


----------------------------------

Wow, 738 is a bit number isn't it. You do realize that millions of people fly every day right? So I WILL amend my statement to "MOST people don't think it's very important." The reason being, most people just want to get through security and get on with their lives. Rather than whine about how they're being "iradiated" and "groped". I understand alot of people don't like these machines, and that's fine, let the tsa know. Just stop making it sound like they make us glow in the dark while the tsa molests people and stares at their naked pictures, none of that is true.

Anonymous said...

"So I WILL amend my statement to "MOST people don't think it's very important."

You have conducted a survey to support this claim?

RB said...

Elblanco said...

Wow, 738 is a bit number isn't it. You do realize that millions of people fly every day right? So I WILL amend my statement to "MOST people don't think it's very important." The reason being, most people just want to get through security and get on with their lives. Rather than whine about how they're being "iradiated" and "groped". I understand alot of people don't like these machines, and that's fine, let the tsa know. Just stop making it sound like they make us glow in the dark while the tsa molests people and stares at their naked pictures, none of that is true.

April 23, 2013 at 10:24 AM
.....................

There was one shoe bomber and he didn't even board an airplane in the US.

Millions of people fly everyday and there has never been a shoebomber in the United States but TSA still makes people take off their shoes and walk on filthy TSA Checkpoint floors and for what reason?

Oh, by the way, he comments are up over 3,000 now. Still a small number but the vast majority are against TSA's Electronic Strip Search Machines.

Anonymous said...

Elblanco,

If you knew anything about public feedback trends and statistical analysis, you would know the 700+ comments on the regulations.gov website is significant. It is made more significant because the TSA has done practically nothing to promote the comment gathering, including approval of comments here.

For whatever reason you choose to downplay the intrusive policies and tactics of the TSA and insult commenters, we who disagree with the TSA will continue to express ourselves here, on the regulations.gov website, and to our gov't representatives.

Your attempt to drive us away with frequent "I don't care and I'm going to tell you repeatedly how much I don't care!" posts won't stop us.

Have a good day. I look forward to your dismissive reply.

Elblanco said...

So arguing with you people is maddening so this is my last comment. 3000 comments is alot, and everyone has the right to express their dislike of these machines, I'm not saying they can't. I'm just saying that pretty much every arguement you guys are giving is wrong or just irrelevant. OH NO! DIRTY FLOORS! my precious socks! Also the machines don't take naked pictures, even if they can store/transmit, that doesn't mean they take naked pictures. Please just hear me out, 3000 people don't like the scanners, but that is(like everyone complaining on this blog) the vocal MINORITY! When the minority complains, they are heard because the majority doesn't care. It's the same thing with shoes, one guy did it, now we all have to take off our shoes, because someone else might too. Also, it is NOT a right to fly, it is a privilage, that is why you PAY FOR IT! So if security is such a HUGE inconveniece to you, just stop flying, and don't say you can't, because you can, people did it for thousands of years before the plane was invented.

So in conclusion, everyone has the right to express your opinions and dislike of anything, it's the first amendment, and it's what makes this country so great. Just please please PLEASE stop making up "facts" just to scare people into believing you. To those of you who are actually making sound arguments to help improve things, more power to you!

Wintermute said...

Elblanco said...

"Also, it is NOT a right to fly, it is a privilage..."

Might wanna check your facts on this one, as the right to travel by air is both codified in law and by case law.

Ken Mendelsohn said...

...dump the gov. TSA program.....Let the airlines themselves do the screening like EL AL Airlines.....they use a "psychological" approach: it's worked for 65 years